- (1.) The petitioners are said to be the persons interested in the land comprised in Gata No. 240 at village Dibdiba, Pargana Bilaspur, District Rampur, that had been acquired under the notifications dated 8.4.1991 and 13.11.1991, issued respectively under Sections 4 and 6 of the Land Acquisition Act, 1894 (the Act of 1894'). By way of this writ petition, the petitioners essentially seek directions to the respondents to make the award in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act of 2013') with reference to Section 24 thereof with the assertion that in their case, the award under Section 11 of the Act of 1894 has not been made. The relevant background aspects of the matter are as follows: In the year 1981, there had been a proposal for acquisition of certain parcels of land situated at village Dibdiba, Tehsil Bilaspur, District Rampur for the purpose of New Broad Gauge Railway Line between Rampur-Haldwani. At that stage, the petitioners had the grievance that about 2 acres of their land comprised in Gata No. 240 was sought to be taken over without acquisition and, therefore, they instituted a civil suit bearing No. 176 of 1987, which was decreed by the Civil Judge, Rampur on 19.4.1988 and the respondents were restrained from interfering with the possession of petitioners over the said 2 acres of land of Gata No. 240.
(2.) Thereafter, on 8.4.1991, the Government of U.P. issued a notification under Section 4 of the Act of 1894 (Annexure-4) expressing intention to acquire, amongst other, the said land of Gata No. 240, which was followed by the declaration dated 13.11.1991 under Section 6 of the Act of 1894 (Annexure-5). Further, the District Land Acquisition Officer(the DLAO') issued a notice to the petitioners under Section 9 of the Act of 1894 on 13.10.1992 (Annexure-6) expressing intention to make the award in relation to the land in question and inviting their claims. The petitioners submitted their claims/objections, inter alia, to the effect that the land had been taken over for the purpose of a railway line but there were building and trees standing on the land wherefore too, they were required to be paid compensation. The petitioners have also placed on record a communication dated 22.11.1992 (Annexure-8) from the Executive Engineer (Constructions), North Eastern Railway, Rampur to the DLAO stating, inter alia, that the compensation towards the building standing on the land be also awarded; and another communication dated 20.10.1993 (Annexure-9) from the Inspector Works(Constructions), North Eastern Railway, Rudrapur to the DLAO to the effect that about 125 guava fruit trees were also destroyed in executing the work and compensation for such trees may also be awarded.
(3.) According to the petitioners, the DLAO made a part award on 27.5.1994 in respect of 2 acres of land of Gata No. 240 but did not award any compensation in respect of building and trees standing on the land in question. At the request of petitioners, a reference came to be made under Section 18 of the Act of 1894 in Reference Case No. 119 of 1994, which was considered and decided by the Second Additional District Judge, Rampur on 9.8.1999. Copy of the decision so rendered in the reference case has not been placed on record in this petition. Be that as it may, the proceedings further had been that the petitioners preferred an appeal, being First Appeal No. 911 of 1999 in this Court which was decided on 23.1.2003 (Annexure-12) and the matter was remanded to the subordinate reference Court for decision afresh in accordance with law. Pursuant to the order of remand, the reference Court decided the said reference case (No. 119 of 1994) afresh, by its judgment dated 11.9.2003 (Annexure-13) while recording its finding on issue No. 3 that the petitioners were entitled to compensation to the tune of Rs. 70,000/- for the building standing on the land in question; and further, on issue No. 4, that the petitioners were also entitled to compensation towards the trees standing on the land in question.;